Planning inspectors appointed for the Island Plan Review

Appointed planning inspectors

We have appointed Intelligent Plans and Examinations Ltd to undertake the examination in public of the draft bridging Island Plan, during summer, 2021. The appointed planning inspectors are:

• Lead Inspector, Keith Holland BA (Hons) Dip TP MRTPI ARICS
• Assistant Principal Inspector, Geoff Salter BA MRTPI
• Assistant Senior Inspector, Derek Stebbing BA (Hons) DipEP MRTPI

The inspectors are not to be contacted at this time and they will not enter into correspondence with any party until the examination in public (EiP) of the draft bridging Island Plan officially starts in the summer. An announcement will be made at that time.

Independent programme officer

Helen Wilson has been appointed to act as the independent programme officer for the examination programme and works under the direction of the inspectors. If you have any queries on the procedures for the examination in public, email Helen Wilson or call +44 (0) 151 3523863.

For general enquiries about the Island Plan review, email the Place and Spatial Planning Team.

Why Inspectors have been appointed 

Despite its shorter-period, it is essential that good, sustainable plan-making practices remain at the heart of developing the bridging Island Plan. This means the process must be open and transparent, founded on evidence and subject to necessary public, political and professional engagement and scrutiny, before it is debated in the States Assembly to become the Island Plan for the following three years.

To enable a bridging Island Plan to be agreed within a reasonable time, changes have been required to the way in which the Island Plan Review programme is normally run. This involves temporary changes to the legal framework for lodging, examining and debating an Island Plan. The procedures to develop a bridging Island Plan are established by the following legislation:

• Planning and Building (Jersey) law 2002, as amended by the Covid-19 (Island Plan) (Jersey) Regulations 2021
• Planning and Building (Covid-19 Bridging Island Plan) (Jersey) Order 2021

The appointment of independent planning inspectors to undertake the examination in public of the Island Plan is critical to make sure objectives can be met, and that the plan which is ultimately taken forward is the right plan for Jersey at this time.

Examination in public

The examination in public is an important part of the bridging Island Plan process. Independent planning inspectors undertake the examination in public (EiP) to hear the views of islanders and ensure the draft bridging Island Plan is adequate and meets the requirements of the Law.

Outline examination in public timeline

The examination in public will not start until after the 12-week consultation period has ended, and the Minister for the Environment has had the opportunity to consider the representations, including States Member amendments, and provide a written response.

Inspector’s terms of reference

It is a legal requirement for the Minister for the Environment to set terms of reference for the appointed inspector and assistant inspectors.

These terms formalise the key tasks and commitments that the inspectors must undertake as part of their appointment, and should be read alongside the further headings of ‘assessing the adequacy of the draft Island Plan’, ‘timescales and programme delivery’ and ‘legal changes to accommodate a bridging Island Plan’. 

The appointed inspectors are required to: 

1. consider, by way of an examination in public, whether the draft Island Plan furthers the purpose and intent of the Planning and Building (Jersey) Law 2002 (Article 4 (3)), and will provide for the orderly, comprehensive and sustainable development of land in a manner that best serves the interests of the community, and is otherwise considered adequate.

2. conduct the examination in public in accordance with the requirements of the Planning and Building (Jersey) Law 2002, as amended by the Covid-19 (Island Plan) (Jersey) Regulations 2021, and the Planning and Building (Covid-19 Bridging Island Plan) (Jersey) Order 2021, involving:

1. collation and consideration of representations made in relation to the draft bridging Island Plan 
2. scheduling and holding of any necessary informal resolution meetings, administrative meetings, technical seminars and site visits 
3. the leading of the examination, including all necessary public hearings 
4. the provision of a report to the Minister for the Environment, outlining the recommendations arising from the EiP process. This shall be provided in an efficient and timely fashion, having regard to the need for the report to be thorough, comprehensive, transparent and accessible within the requirements of the Order and these terms. The report must include:  
1. a written summary, including any recommendations to the Minister for the Environment as to how the draft bridging Island Plan should be amended in order to satisfy the requirements at (1); together with any supporting justification having regard to public representations and States Members' amendments.  
2. a comment on the relative merits and/or challenges of each States Member Amendment, as proposed prior to the Examination taking place. This may include a recommendation for the Amendment to be accepted or rejected.  

3. be available to conduct a subsequent examination, should this be required, in relation to any specific matter that may require further examination, upon invitation by the Minister for the Environment. This shall be in accordance with the principles adopted and applied to the initial examination in public.

4. In all of the above, to work to meet the programme objectives and deadlines established by the Minister for the Environment, which may include making necessary adjustments to the EiP programme.

5. In all of the above, to have regard to previous decisions of the States Assembly and any legislation that may be applicable. 

Assessing the adequacy of the draft Island Plan

To provide a framework for the examination of the Island Plan, the Minister for the Environment has described a number of adequacy considerations, against which the Island Plan and its supporting evidence base shall be assessed by the Inspectors:

• The Island Plan, overall, meets the purposes contained within the Planning and Building (Jersey) Law 2002, and that in particular that it provides for the orderly, comprehensive and sustainable development of the land which best meets the needs of the community, without undue harm to the natural environment
  
• The Island Plan, overall, is based on proportionate evidence and assessment of development needs
  
• The Island Plan, overall, adopts an appropriate strategy for sustainable development, having regard to a range of plausible scenarios
  
• The Island Plan, overall, is capable of delivery
  
• The Island Plan, overall, is otherwise consistent with the Government of Jersey’s wider strategic objectives and decisions of the State Assembly
  

Timescales and programme delivery

The legal requirements for the delivery of an examination in public (EiP) are set out in the Planning and Building (Covid-19 Bridging Island Plan) (Jersey) Order 2021. A key responsibility of the appointed inspectors is to ensure that an effective process is undertaken within the terms of the Order, in such a way that is both time and administratively efficient, but without undermining the integrity of the process. This is of particular importance to ensure that the EiP does not preclude the draft bridging Island Plan being debated on its agreed date. 

The in-principle date of the Island Plan debate will be at a special sitting of the States Assembly, commencing 14 March 2022. The actual date of the debate will be confirmed upon the lodging of the draft bridging Island Plan in April 2021. It is at this point that final date for the receipt of the inspector’s report must be fixed, taking into consideration that the statutory process States Member amendments, as specified by the Regulations. The Order must begin 10 weeks prior to the final agreed debate date and that this process will be triggered by the Minister’s publication of the Inspector’s Report.

Legal changes to accommodate a bridging Island Plan

To accommodate the development of a shorter-term bridging Island Plan, together with making necessary alterations to the process for lodging, examining and ultimately debating a draft Island Plan, the States Assembly have made the Covid-19 (Island Plan) (Jersey) Regulations 2021 (the Regulations). These regulations make temporary changes to Articles 1, 3, and 4a of the Planning and Building (Jersey) Law 2002 (the Law), as the primary legislation for planning matters in Jersey. 

Further to the temporary changes made by Regulations, the Planning and Building (Covid-19 Bridging Island Plan) (Jersey) Order 2021 (the Order) makes further provisions relating to public consultation, the appointment of planning inspectors, examination of the bridging Island Plan, and final amendment procedures for States Members.

The appointed planning inspectors are therefore required to undertake the examination of the Island Plan in accordance with the requirements of this current and finite legislation.